DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims filed 6-26-2024
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by 2009/0016557
Regarding claim 1, Miles discloses a device (Figs 1-4 and 7-8, microphone 100, para [17-19] for sensing acoustic velocity within a fluid (Fig 2, diaphragm 102, para [17-18]), comprising:
a substrate (Fig 2, bottom substrate 112, para [17], Fig 7, bottom substrate/silicon wafer 200, para [56] and Fig 7, top substrate 202 with a sacrificial layer is deposited on a substrate 202, para [57]);
a cavity (Fig 2, cavity/air cavity 110, para [24] in the substrate (Fig 1A, substrate 102), the cavity (Figs 2, 7, cavity/air cavity 110 configured to allow a predetermined rate of fluid flow therewithin);
(referred to Applicant’s specification paragraph [15] stated that measurement component can be an elastically deformable beam, and para [29] defined a deflecting beam 32 as shown in Fig 1B);
a measurement component held within the cavity (Figs 2, 7-8 a measurement component/a change in the pressure due to motion of the air 108a in the slit 114 exerts a force on the diaphragm 102, the diaphragm will be deflected due to the pressure, para [19-24, 29, 31-33]), the measurement component configured to change a capacitance based upon a predetermined acoustic velocity of the fluid flow within the cavity (para [62-64] discloses a comb fingers 208 and the back plate 206 to perform capacitive sensing); and
a sensor communicatively coupled with the measurement component (para [62-63] discloses two conductive layers 206 disposed between silicon chip 200 and additional conductive layer 204 to form back plates forming fixed electrodes of capacitors, these back plates are electrically separated from each other in order to allow differential capacitive sensing of the diaphragm motion. The back plate 206 to perform capacitive sensing)
the sensor detecting changes in the measurement component that correspond to the
predetermined acoustic velocity of fluid flow within the cavity (para [24, 25, 29] discloses if the mass of the air in back volume 108 is assumed to be constant, then the motion of the diaphragm 102 resulted in a change in the density of the air 108 in cavity 110. Para [29] discloses an outward displacement, X.sub.a, of the air 108a in the slit 114 causes a change in the volume of air in the back volume 108. A corresponding pressure similar to Equations in para [24, 29-37]).
Regarding claim 2, Miles discloses the device of claim 1, wherein the sensor further determining a vector acoustic particle velocity of the fluid flow within the cavity (para [29-35] discloses an outward displacement, X.sub.a, of the air 108a in the slit 114 causes a change in the volume of air in the back volume 108. A corresponding pressure similar to Equations in para [29-37]).
Regarding claim 3, Miles discloses the device of claim 1, wherein the measurement component is an elastically deformable beam that changes capacitance with deformation (Figs 2, 7-8 shows diaphragm 102 deflect/deformation causes by pressure in the back volume air 108 via 110 to the displacement of the diaphragm 102, para [19]).
Regarding claim 4, Miles discloses the device of claim 1, wherein:
the measurement component is an acoustically transparent microstructure
comprised of:
a torsional beam (Figs 2, 7-8, torsional beam/diaphragm 102 having two opposing ends) and a central platform (a central platform is the central portion of diaphragm 102 in a middle thereof); and
a first sensing area on one end of the beam (Fig 2 shows a first sensing area is a left side of the beam/diaphragm 102) and a second sensing area on the opposing end of the beam (Fig 2, a second sensing area is a right side of the beam/diaphragm 102); and
further including a pivot (Figs 7-8 a pivot 106, para [18-19], located in the cavity (Figs 7-8 cavity 110), the pivot 106 supporting the middle of the beam (Figs 7-8 shows pivot 106 supporting the middle of the beam/diaphragm 102).
Regarding claim 5, Miles discloses the device of claim 1, wherein the substrate has a top surface plane (Figs 7-8, top surface of substrate 202 is deposited on a upper surface of silicon wafer 200, further includes two conductive layers 206 disposed between silicon chip 200, and additional conductive layer 204 to form back plates forming fixed electrodes of capacitors. The back plate 206 to perform capacitive sensing, para [62-63]) and the measurement component has a top surface, and the top surface of the measurement component is in a same plane as the top surface plane of the substrate (Figs 7-8, para [62-63]).
Regarding claim 6, Miles discloses the device of claim 5, wherein the measurement component further configured to detect a sound wave that travels parallel to the top surface of the measurement component in the cavity (Figs 7-8 shows additional conductive layer 204 to form back plate forming fixed electrodes of capacitors, the back plate 204 are sensing the diaphragm motion, and additional conductive layer 204 to the top surface).
Regarding claim 7, Miles discloses the device of claim 1, wherein the sensor detects a fluid pressure on the measurement component (para [15-17, 20, 24-25, 29-35] discloses sensing air pressure).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Miles 2009/0016557 in view of Miles 2008/0101641
Regarding claim 8, Miles 2009/0016557 discloses the device of claim 1, wherein the substrate is comprised of:
a bottom semiconductor layer (Fig 7 bottom layer/silicon wafer 200, para [56, 62]); and a top layer of Si (Fig 7, top layer/sacrificial layer 202 on the bottom semiconductor layer (200).
Miles 2009/0016557 discloses top layer/sacrificial layer 202 on the bottom semiconductor layer/silicon wafer 200.
Miles 2009/0016557 does not explicitly disclose a top layer of Si. However provide a top layer of Si is well known in the art.
Miles 2008/0101641 teaches a top layer of Si (Fig 1A, top layer/silicon wafer 102, para [24-25]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the teaching of Miles 2008/0101641 in the Miles 2009/0016557 in order to improve the MEMS microphone.
Allowable Subject Matter
Claims 9-20 are allowed.
Independent claim 9 allow because the prior art Miles 2009/0016557 fails to disclose “a microphone, comprising: an array of semiconductor devices for sensing acoustic velocity within a fluid, each semiconductor device comprising: a substrate; a cavity in the substrate, the cavity configured to allow a predetermined rate of fluid flow therewithin in a predetermined direction of flow; and a measurement component held within the cavity, the measurement component configured to change a capacitance based upon a predetermined acoustic velocity of the fluid flow within the cavity; and a sensor communicatively coupled with the measurement components of the array of semiconductor devices, the sensor detecting changes in the capacitance of the measurement components that correspond to the predetermined acoustic velocity of fluid flow within the cavity, the predetermined acoustic velocity indicative of a predetermined frequency of sound.”
Independent claim 19 allow because the prior art Miles 2009/0016557 fails to disclose “a method of fabricating a semiconductor device for sensing acoustic velocity within a fluid, comprising: creating a first set of features on the substrate with a first mask, the first set of features including: a measurement component configured to change based upon a predetermined acoustic velocity of the fluid flow; and a sensor communicatively coupled with the measurement component, the sensor detecting changes in the measurement component that correspond to the predetermined acoustic velocity of fluid flow within the cavity; and creating a second set of features on a substrate with a second mask, the second set of features including a cavity in the substrate, the cavity configured to allow a predetermined rate of fluid flow therewithin.”
Conclusion
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692